Byers' bankruptcy plans risk fraud

Bankruptcy experts have warned that government proposals to lift the 'stigma' of bankruptcy and hand honest failures a second chance at business would 'open the floodgates for fraud'.

Written by By Jerry Frank

Trade secretary Stephen Byers last week threw a lifeline to business failures as part of a shake-up of insolvency laws that aims to encourage entrepreneurs to start-up new firms.

The rule relaxation will allow bankrupts whose businesses fail for reasons beyond their control to return to set-up and trade again within six months of going under.

Advertisement

Tough provisions would also allow the Official Receiver to crack down on dishonest bankrupts with a 15-year ban in line with rules disqualifying company directors.

Insolvency specialists believe the measures will squeeze creditors and cause even more bankruptcies.

'If bankruptcy proceedings degenerate into saying "sorry, guv", and then back to business as usual, we are in danger of creating systemic bankruptcy and opening the floodgates for fraud', warned bankruptcy specialist Louise Brittain at Baker Tilly.

'The point of bankruptcy is to recognise the debt to creditors and make arrangements to pay them - otherwise, the process is pointless.'Bankrupts can also expect 'financial counselling' and exemption on up to £20,000 invested in a home if they can prove an equal amount was pumped into a business.

'We must remove the stigma surrounding bankruptcy', Byers said. 'Too many people are unwilling to set up their own business because they are worried about the consequences of failure.'

Roger Oldfield, vice-president of R3m the former Association of Business Recovery Professionals, also warned the measures would not protect creditors sufficiently.

Tags:

Comments

White papers

Related jobs

More Accounting jobs

Spotlight

Ted Bell, Abel and Cole FD

Profile: Ted Bell, FD of Abel and Cole

The combination of the online shopping boom and a hunger...

Top 30 Accounting Networks and Associations 2008

The race to become the biggest firm on the planet...

Barack Obama Accountancy Age cover October 2008

Obama: asset or liability?

What an Obama presidency could mean for you

Find your next job

Find your next job
Salary Checker

Job of the week

More finance jobs

Newsletters

Sign up here for the very latest news delivered to your inbox. Choose from the following options:

Your next job

Have your say

Will proposed tax cuts help to stimulate the economy?
Yes
No

Advertisement

Search white papers

Search white papers

Advertisement